Question

Distinguish between Hindu and Muslim marriage.

Hint:

The most fundamental point of distinction to remember is \textbf{Sacrament (Hindu) vs. Contract (Muslim)}. Most other differences, such as those related to divorce, stem from this core conceptual difference.

Answer 1

Hindu and Muslim marriages differ fundamentally in their nature, objectives, and rules. The main distinctions are:

Nature of Marriage:
Hindu Marriage: It is traditionally regarded as a \textit{sacrament} (samskara), a sacred and indissoluble religious duty that binds the couple for life and beyond.

Muslim Marriage (Nikah): It is considered a \textit{civil contract} (mu'amala). It is a legal agreement between the bride and groom, requiring offer (ijab), acceptance (qabul), and consideration (mahr).

Dissolution of Marriage:
Hindu Marriage: Traditionally, divorce was not permitted. It was legalized only through the Hindu Marriage Act, 1955.

Muslim Marriage: Divorce has always been permitted and can be initiated by the husband (Talaq), wife (Khula), or by mutual consent (Mubarat).

Marriage Rules:
Hindu Marriage: It is governed by rules of exogamy (marrying outside one's Gotra and Sapinda) and endogamy (marrying within one's Jati).

Muslim Marriage: It is largely endogamous. It permits parallel and cross-cousin marriages, which are prohibited in Hindu custom.

Polygamy:
Hindu Marriage: Monogamy is the rule. Polygamy is a criminal offense under the Hindu Marriage Act.

Muslim Marriage: Limited polygyny is permitted, allowing a man to have up to four wives at the same time, subject to certain conditions.